Online Contracts
August 09, 2004
Nearly 2 years have passed since the decision by the U.S. Court of Appeals for the Second Circuit in <i>Specht v. Netscape Comm. Corp.</i> threw what some thought was a large monkey wrench into online contract formation. The practical effect of the decision, however, has not been as significant as had been feared, and businesses operating in cyberspace continue to successfully reach online agreements with end users and customers. <br>As a close reading of the Specht ruling and other decisions make clear, "clickwrap" and other online agreements that meet certain basic requirements for contract formation are, indeed, enforceable.
Pfizer Targets Online Sellers of Fake Lipitor and Viagra
August 09, 2004
Pfizer Inc., the world's largest drugmaker, recently announced that it is suing dozens of online pharmacies allegedly selling counterfeit versions of the erectile dysfunction drug Viagra, and its cholesterol-lowering flagship drug Lipitor.
Google May Have Illegally Issued Employees Shares
August 09, 2004
Web search giant Google Inc. recently admitted that it may have illegally issued as much as $3.1 billion in shares after its planned initial public offering (IPO), and offered to buy them back at a significant discount.
Be Careful What You Look For: It Could Be an Authenticated Record
August 05, 2004
A recent bankruptcy court decision out of the District of Delaware found that a document contained on a Web site was an authenticated notice under UCC 9-404 notwithstanding the lack of affirmative action taken by the assignor or assignee. <i>In re Communications Dynamics, Inc.</i> WL 22345713 (Bankr. D. Del. 2003) is the first decision in which the authentication requirement to an account debtor in Section 9-404(a)(2) of the Uniform Commercial Code (UCC) is interpreted. This holding adds a new element to the UCC's definition of authentication and seems to ignore the plain language of the Code. This decision could have an impact on the leasing industry as the definition of an account debtor under Section 9-102(a)(3) of the UCC includes not only a lessee but will also include a lessor in conjunction with its own accounts payable.
Bit Parts
August 02, 2004
Recent developments in entertainment law.
Update On Webcasting Royalty Rates
August 02, 2004
In September 2002, the author published an article in <i>Entertainment Law & Finance</i> titled "Examining Arguments in Controversy Over Webcasting Royalty Rates." Since then, there have been major new developments. New rates have been set, although the controversy regarding prices to be paid by small webcasters is still being challenged. This article, with Part II appearing next month, provides background on the new rates, explains how they work and offers an overview of this new medium.
Criminal Law's Slow Evolution On e-Discovery
July 30, 2004
Take a basic legal concept ' pretrial discovery ' and a basic form of technology ' computer-data storage and retrieval. Mix the two together over the last 40 years and one would assume there would be a mature and well-precedented body of case law on the criminal and civil sides of jurisprudence. But the dramatic disparity in the rate of evolution of law on this topic stretches the limits of credulity. Why the substantial divergence?
ExpertSourcing: An Effective Approach To Technology Problem Solving
July 30, 2004
Most law firms, regardless of size, have to outsource technology projects to consultants who have capabilities that the firm does not carry in-house. The smaller firms that do not retain a large IT staff must take this approach more often. Fortunately, outsourcing technology support can evolve into a more valuable model for working with outside consultants: "expertSourcing." When a law firm hires a company to assist on a technology project, generally they are bringing in technicians who will execute it within the narrow boundaries of the scope. The consultants may not ask, or even know to ask, crucial questions about how the technology fits into the law firm practice, how it facilitates other firm needs or if a better solution is available.
Anatomy Of Trial Technology
July 30, 2004
In June 2004, the American Bar Association's Legal Technology Resource Center completed its annual technology survey, published in five parts. The Litigation and Courtroom Technology volume serves as a sobering background for those who crave a total technology trial. Firms are slowly embracing litigation technology, but there is still a long road to follow before the technology is ubiquitous. Courtrooms have yet to provide much technology in the way of hardware or software, citing expenses and implementation as key barriers. Many lawyers are hesitant to spend thousands, much less hundreds of thousands, of dollars on sophisticated hardware and software. So what are the courts and attorneys embracing, and what are they putting off for another day?
